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HADDAD v. NEW YORK LIFE INS. CO.

No. 5526.

42 F.2d 651 (1930)

HADDAD v. NEW YORK LIFE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

June 28, 1930.

Attorney(s) appearing for the Case

Irwin Geiger, of Cleveland, Ohio (Geiger & Williams, of Cleveland, Ohio, on the brief), for appellant.

J. H. Schultz, of Cleveland, Ohio (Garfield, Cross, MacGregor, Daoust & Baldwin, of Cleveland, Ohio, on the brief), for appellee.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

DENISON, Circuit Judge.

The insurance company obtained a decree in the court below vacating a life and sickness indemnity policy upon which Haddad was making claim. The ground of the relief was that he had procured the policy by the false representation that for the preceding five years he had not consulted nor been examined or treated by any physician. It appeared beyond dispute at the trial that for some two or three years before the application date he had been...

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